Family Law Attorney

Divorce

Going through a divorce is often very difficult. In the state of California, “irreconcilable differences" with your spouse is the only reason required to get a divorce and it does not matter who is at fault.

There are many possible issues that must be addressed such as child support, spousal support, custody and visitation. In addition, issues related to division of property, and other assets, and liabilities must also be addressed.

Spending the time to discuss your divorce case with an attorney can save you time and money.

Legal Separation

In some cases, couples do not know whether they want a divorce. However, issues related to money, property, and custody requires attention.

Once a petition is filed with the court, the court will now have jurisdiction to order child support, spousal support, custody and visitation, as well as, any other orders which may be necessary.

If you file for legal separation, and later decide you want a divorce, an attorney will need to file an amended petition to ask the court for your divorce.

Child Custody & Visitation

Child custody and visitation orders can be made during a divorce, separation or annulment case. Parents need to make a decision as to the percentage of time their minor child(ren) will spend with each parent.

The court will appoint a Family Court Services Mediator to meet with both parents. At the continuation of this mediation session, the Mediator will submit a written recommendation to the court as to the custody and visitation.

If the parents are unable to reach an agreement as to the custody and visitation, the judge will make a decision for them. If the parents reach an agreement the irrespective attorney’s will draft a custody/visitation agreement.

Determining child custody and visitation is a very important decision. Being represented by your attorney will ensure your rights, and the rights of your child(ren) are protected.

Child Support

A child support order defines a specific amount of money that one parent will pay to the other parent each month for the support of their minor child(ren).

In California there is a statutory formula used to determine the amount of child support to be paid. Child support payments occur until the child(ren) turn 18 years of age, or finish high school.

It is also common, that a parent may need to make a modification to their previous child support order due to a change in their financial circumstances.

Whether the child support order is the first, or a modification to a previous order, it is always best to be represented by an attorney to ensure that you and your child(ren) are represented fairly.

Spousal Support

When a couple separates, or divorces, there may be a spousal support order which requires one spouse to pay the other a set amount of support each month for a designated time.

There are many factors that determine spousal support, and the amount. Such factors include the length of the marriage, the age and health of each spouse, and how much income each person earns.

Whether you are would be receiving, or paying spousal support, it is best to be represented by an attorney so that your rights are protected.

Pre-nuptial Agreements

A prenuptial agreement is a contract that is drafted and signed prior to marriage. The content of a prenuptial agreement varies greatly, but often includes terms for the division of property and spousal support in the event of a divorce.

There are many different reasons why you or your future spouse would draft a prenuptial agreement. In either case, it is strongly advised to consult and retain an attorney to draft the agreement.

Post-nuptial Agreements

A post-nuptial agreement occurs after a couple is married. The agreement defines such matters as to how title of their property will be held currently and in the future.

The agreement may also address how the property will be divided if they divorce. Post-nuptial agreements can help both parities understand how marriage impacts their estates.

If you and your spouse are considering a post-nuptial agreement, it is best to consult an experienced family law attorney who can draft an agreement that will meet your specific needs.

Free Consultation

Receive a free 30 minute consultation.
During your consultation Gregory S. Duncan will review your legal issue and discuss the best course of action. All communication is held in the strictest confidence.

About the Practice

We specialize in:

Bankruptcy, Family Law, Immigration, Estate Planning, and Probate.

Areas Served

We also offer services in the following areas:

North County San Diego, including Carlsbad, Encinitas, Escondido, Oceanside, San Marcos, and Vista